1. Introduction
1.1 These General Terms and Conditions of online sale, applicable to web transactions managed through the website www.missablondi.it (hereinafter referred to as the “Site”), govern the offer and sale of goods and/or services promoted online by A.R.P. di Arianna Ablondi Pedretti (VAT ID: 13176940966), (hereinafter the “Supplier”), with registered office at Via Piave 10, 43125 – Parma (PR), with the following Certified Email (PEC) address: arpdiariannaablondi@pec.it
These General Terms and Conditions of online sale, applicable to web transactions managed
through the website www.missablondi.it (hereinafter referred to as the “Site”), govern the offer and sale of goods and/or services promoted online by A.R.P. di Arianna Ablondi Pedretti (VAT ID: 13176940966), (hereinafter the “Supplier”), with registered office at Via Piave 10, 43125 Parma (PR), with the following Certified Email (PEC) address: arpdiariannaablondi@pec.it.
2. Definitions
- Electronic commerce contract
An electronic commerce contract (hereinafter the “Contract”) refers to a sales contract in which the Supplier or its intermediary offers goods or services through a website or other electronic means, and the Buyer (consumer) places an order for such goods or services on the website or through other electronic means organized by the Supplier. For this definition and the following two, reference is made to EU Regulation 524/2013.
- Sales contract
Any contract by which the Supplier transfers or undertakes to transfer the ownership of goods to the Buyer, and the Buyer pays or undertakes to pay the price (EU Regulation 524/2013, Article 4).
- Service contract
Any contract, other than a sales contract, by which the Supplier provides or undertakes to provide a service to the Buyer, and the Buyer pays or undertakes to pay the price (EU Regulation 524/2013, Article 4).
- Consumer Code
Reference legislation for consumer protection, dictated by Legislative Decree of September 6, 2005, No. 206, as last amended (hereinafter, for brevity, the “Consumer Code”).
- Buyer
The term “Buyer” refers to the consumer or user, a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity eventually carried out (Article 3, letter a, Consumer Code).
- Supplier
The term “Supplier” refers to the natural or legal person acting in the exercise of its entrepreneurial, commercial, artisanal, or professional activity, or its intermediary (Article 3, letter c, Consumer Code).
- Producer
Producer is the manufacturer of the finished goods or one of its components (Article 115, paragraph 2-bis, Consumer Code).
- Conformity to the Contract
Goods are Conforming to the Contract when, if relevant, the following circumstances coexist: i) they are suitable for the usual use of goods of the same type; ii) they conform to the description given and possess the qualities of the goods presented as a sample or model; iii) they present the usual qualities and performance of goods of the same type that the Buyer can reasonably expect, considering the nature of the goods and, if applicable, the public statements on the specific characteristics of the goods made by the seller, the producer, or their agent or representative, especially in advertising or labeling; iv) they are also suitable for the particular use intended by the Buyer and communicated to the Supplier at the time of the conclusion of the Contract, and which the Supplier has expressly accepted.
- Defective goods
Goods are defective when they do not offer the safety that one can legitimately expect, taking into account all circumstances, including: a) the way in which the goods were put into circulation, their presentation, their apparent characteristics, the instructions and warnings provided; b) the use to which the goods can reasonably be intended and the behaviors that can reasonably be expected in relation to it; c) the time when the goods were put into circulation. A good cannot be considered defective solely because a further improvement has been put on the market at any time. A good is defective if it does not offer the safety normally offered by other specimens of the same series (Article 117, Consumer Code).
3. Subject of the contract
3.1 The Supplier sells and the Buyer purchases, through telematic tools, the goods and/or services offered on the Site.
3.2 The mentioned goods and/or services are available on the Site, on the web page Shop , which reproduces the catalog of goods and/or services promoted online by the Supplier. These goods and/or services are accurately depicted/represented on the Site, highlighting their respective characteristics. However, the Supplier cannot guarantee a precise and exact correspondence between the actual consistency of the goods and/or services promoted online and their representation on the Buyer’s monitor. In case of discrepancies between the image of the goods and/or the representation of the services visible online and their respective card or informative page, only the latter will be valid.
4. Availability of goods
4.1 The Supplier ensures, through the computer system, the processing and fulfillment of the order without delay, according to the procedures set out in these General Terms and Conditions of online sale. For this purpose, the Supplier’s electronic catalog will indicate the available and unavailable goods, as well as the expected times for their shipment. The said computer system will confirm the registration of the order as soon as possible, forwarding to the Buyer a specific confirmation by email (so-called Order Receipt).
4.2 If an order were to exceed the actual warehouse availability or were not available for other reasons, the Supplier, through the appropriate contacts on the Site, will promptly inform the Buyer of the unavailability of the goods and will promptly provide for the cancellation of the order or the variation of its terms.
5. Conclusion of the Contract
5.1 The contract between the Supplier and the Buyer will be exclusively concluded online. Upon accessing the e-Shop, the Buyer must follow the procedures/instructions provided to formalize the purchase of goods and/or services by filling out the forms prepared by the Supplier. If intending to make an online purchase, the Buyer must duly select the desired goods and/or services one by one, placing them in the cart configured by the Supplier. After selecting the desired goods and/or services, the Buyer will be prompted to close their cart by submitting to the Supplier the list of desired references. Before submission, a confirmation sheet will be displayed for the Buyer to verify the purchase order of the selected goods and/or services, including their respective prices, and options provided to the Buyer, who must choose the delivery, transportation, and payment methods for contract execution. Through the order confirmation, the Buyer commits to check and validate, before submission, their personal data, the goods/services subject to the contract, their prices, any shipping costs and/or additional charges, confirming the selected payment methods, delivery address, and any other required information. These Terms & Conditions inform the Buyer in advance about the contract execution times, drawing attention to the right of withdrawal, as well as other statutory rights reserved for the Buyer. After the required verifications are performed, it will be the Buyer’s responsibility to finally select the interactive button – located at the bottom of the web page – by clicking on the box confirming the purchase order, with an obligation to proceed to payment, thus submitting the order to the Supplier.
5.2 The online publication of goods and/or services through the Site constitutes a mere invitation to offer so that the Buyer makes a purchase proposal; in this sense, the Buyer’s order, previously confirmed by the Buyer, constitutes exclusively a contractual proposal, subject to these general conditions of online sale, which the Buyer declares to know and accept. The order confirmation – accurately completed and verified as per instructions – will be acknowledged by the Supplier with a receipt sent to the Buyer’s email address solely to confirm its reception in the Supplier’s computer system, which will then begin processing the order, verifying the data provided by the Buyer, and the availability of the requested items. The Supplier’s receipt does not constitute acceptance of the purchase proposal. This receipt – with the attached “Order Number” to be used in all communications with the Supplier – reiterates, in addition to the legally required information, all the above-mentioned data, which the Buyer will verify promptly by communicating any necessary corrections to the Supplier.
5.3 The Supplier has the right to accept or reject the order sent by the Buyer, without the latter being able to assert any rights or claims of any kind, including compensation, for the non-acceptance of the order. The contract will be concluded only when a separate email (or message in the communication center on the Site or equivalent) accepting the purchase proposal is sent, which will also contain information regarding shipping and the expected delivery date (Shipping Confirmation). If the order is fulfilled with different shipments, the Buyer may receive separate and distinct Shipping Confirmations. However, the right provided in these Terms & Conditions is preserved.
5.4 The contract will not be concluded, and will be devoid of any effect, if the procedure outlined in this article is not promptly followed. For any errors, typos, or issues in completing online forms and, more generally, in the execution of purchase procedures set by the Supplier, the Buyer is urged to promptly contact the following email address ciao@missablondi.it.
6. Payment Obligation
6.1 The Buyer undertakes to pay the price required for the goods and/or services purchased online, in accordance with the timelines and methods indicated on the Site. The prices of goods/services promoted through the Site, along with any other charges/expenses related to the invitation to offer, are expressed in Euros.
6.2 The prices are exclusive of any taxes. Shipping costs, as well as any additional charges, such as customs duties, if applicable, though not included in the selling price, will be indicated and calculated by the Supplier in the purchasing process, prior to the submission of the order confirmation, and explicitly specified in the order summary (order receipt).
7. Payments and Refunds
7.1 The payment for goods/services purchased online will be made according to the method chosen by the Buyer, among those expressly allowed by the Supplier and clearly specified in the Delivery & Return section of the Site. The use of the mentioned payment methods does not entail any additional charges for the Buyer, except for any costs incurred by the Supplier, duly proven and communicated to the Buyer.
7.2 Any potential refund to the Buyer will be credited through one of the methods offered by the Supplier and chosen by the Buyer. In the case of Buyer withdrawal, the refund will be processed within a maximum of 14 days from the Supplier’s formal receipt of the withdrawal notification. However, the Supplier may delay the refund until the receipt of the goods or until the Buyer has provided adequate proof of having returned the goods.
8. Delivery of Goods
8.1 The Supplier undertakes to ship and/or deliver the ordered goods without undue delay, at the latest within 30 days from the date of conclusion of the Contract, using the methods indicated on the website or, alternatively, chosen by the Buyer.
8.2 If the Supplier is unable to make the shipment within the aforementioned period, they will promptly notify the Buyer via email or by phone, provided that such contact information has been provided during the online registration and order submission.
8.3 Shipping methods, timelines, costs, and any other charges for the territories served by the Supplier are accurately specified on the Site at the following web address: Delivery&Return.
9. Territorial Limitations
The Supplier, through these General Terms of Sale, informs that there is no provision for shipping, marketing, selling, or supplying goods and/or services to the following locations: i) Russia ii) Belarus iii) Israel iv) Ukraine v) Turkey vi) India, as well as to the African continent.
However, the Supplier reserves the right to suspend/terminate, with short notice and without any penalties, all activities related to the promotion, marketing, sale, and supply of goods and/or services through the Site if legal/tax/customs obstacles or, in any case, objective obstacles (and not subjective ones related solely to the user’s geolocation) prevent the acceptance of orders and/or the execution of the Contract with Users residing or domiciled in third countries and/or outside the EU.
10. Order Archiving
10.1 In accordance with Article 12 of Legislative Decree 70/2003, as well as Articles 50-51 of the Consumer Code, the Buyer is informed that every order submitted online will be stored and archived in digital and/or paper format by the Supplier, following adequate criteria of confidentiality and security. For any copies or other requests regarding this matter, the Buyer is invited to contact the Supplier at the following address ciao@missablondi.it .
10.2 The Buyer is encouraged to archive both the Order Receipt and the Shipping Confirmation sent by the Supplier on their device in an appropriate digital format.
11. Right of Withdrawal
11.1 The Buyer has the right to withdraw from the Contract, without penalties and without specifying the reason, within a period of 14 calendar days, starting from the day on which the Buyer (or a third party designated by the Buyer) physically takes possession of the goods, or, in the case of a service contract, from the day of the conclusion of the Contract.
11.2 If the Buyer intends to exercise the right of withdrawal, they must notify the Supplier through a specific communication, sent by registered mail with return receipt requested, to the address Via Piave 10, 43125 Parma (IT) or, via Certified Electronic Mail (PEC) to the following address arpdiariannaablondi@pec.it .
11.3 The return of the goods by the Buyer must take place without delay and, in any case, within 14 days from the date of sending the withdrawal communication to the Supplier.
11.4 To exercise the right of withdrawal, the Buyer will have to pay all the costs directly connected to the return of the goods to the Supplier. The Supplier recommends taking every possible precaution when shipping, using the original packaging of the goods or equivalent packaging that preserves its integrity and adequately protects it during transport. The return of the goods following the exercise of the right of withdrawal must be made to the following address Via Piave 10, 43125, Parma (IT)
11.5 The Supplier will refund the price of the goods for which the withdrawal has been exercised within 14 days from the receipt of the withdrawal communication from the Buyer. In principle, the Supplier will use the same payment method chosen by the Buyer for the initial transaction unless the Buyer has specified otherwise. In this case, any additional costs arising from the different payment method chosen will be borne solely by the Buyer. The Supplier may withhold the refund until the receipt of the goods or until the Buyer has provided proof of having returned them.
11.6 If the returned goods are damaged or show signs of wear related to handling not strictly necessary to establish their nature, characteristics, and proper functioning, the Supplier will deduct an amount corresponding to the decrease in the value of the goods from the refund. Therefore, if the returned goods are damaged (e.g., abrasions, scratches, or other deformations, etc.) or incomplete with missing elements or accessories (including labels, tags, etc.), not accompanied by instructions/notes/manuals, original packaging, or adequate packaging, or the relevant warranty certificates (if any), the Buyer will be responsible for the decrease in the asset value of the goods, with the right to a refund equal to the residual value of the goods.
11.7 Upon receiving the communication from the Buyer expressing their intention to exercise the right of withdrawal, all obligations related to the Contract will cease, except as provided in this Article.
12. Warranties
12.1 In case of confirmed non-conformity of the goods to the Contract by the Supplier, the Buyer may, alternatively and at no cost, request the repair or replacement of the purchased item, or a reduction in price, or the resolution of the Contract, unless the request is objectively impossible to fulfill or excessively burdensome for the Supplier under Article 130, paragraph 4, of the Consumer Code. If repair and replacement are impossible or excessively burdensome, or if the Supplier has not carried out the repair or replacement of the goods within the agreed-upon timeframe, or if the replacement or repair previously carried out has caused significant inconvenience to the Buyer, the Buyer may, at their choice, request a price reduction or the resolution of the Contract.
12.2 Unless the Supplier has expressly acknowledged the defect or knowingly concealed it, the non-conformity report must specify the identified defects, along with at least one photograph of the relevant item, all accompanied by the Supplier’s fiscal receipt proving the purchase.
12.3 The Buyer must send the report and related requests, alternatively to one of the following addresses: i) Via Piave 10, 43125, Parma (IT) for communications via registered letter with return receipt requested; ii) or, via Certified Electronic Mail (PEC), to the following certified email address arpdiariannaablondi@pec.it .
12.4 Upon receiving the report/request and relevant documentation, the Supplier will evaluate the non-conformity reported by the Buyer and, after conducting the necessary preliminary assessments, will authorize, or not, the return of the item, providing the Buyer with a “Return Code” sent via email to the address provided during the order transmission.
12.5 However, the authorization to return the item does not constitute acknowledgment of non-conformity, the existence of which will only be ascertained after the return of the item. The item – for which the Supplier has authorized the return – must be returned to the expressly indicated address, along with a copy of the return authorization containing the “Return Code,” and in full compliance with the precautions set forth in these Terms & Conditions.
12.6 If the Supplier is required to reimburse the Buyer, in whole or in part, for the price paid, the refund will be made, if possible, using the same payment method used by the Buyer at the time of the purchase of the item, or alternatively, through a bank transfer. It is the responsibility of the Buyer to provide the Supplier, during the report/request, with their banking details for the transfer in their favor and to ensure that the Supplier is in a position to return the amount due. Shipping costs for returning the goods will always be borne by the Buyer.
13. Size Exchange Policy
13.1 The Site provides a detailed size guide to assist Buyers in selecting the most suitable size before completing a purchase. Buyers are encouraged to consult this guide carefully to minimize the need for size exchanges.
13.2 The size exchange will only be granted after the Supplier verifies the availability of the requested alternative size. In case the requested size is unavailable, the exchange request cannot be accepted and will be declined. In this case, no exchanges or refunds will be granted.
13.3 The Buyer may request a size exchange for purchased goods under the following conditions: i) The goods must be returned undamaged, complete with all original packaging, labels, tags, and accompanying accessories, if any. Goods that are defective, worn, or altered in any way will not be eligible for exchange; ii) Goods purchased under special conditions—such as during sales, with vouchers, or using discounts—are excluded from the size exchange policy; iii) The size exchange request must be submitted within seven (7) calendar days from the date the Buyer receives the goods, by contacting the Supplier through the communication channels specified in these Terms & Conditions.
13.4 Upon approval of the exchange request by the Supplier, the Buyer must return the goods at their own expense to the address provided by the Supplier and bear all shipping costs for the size change. The Supplier reserves the right to reject any goods returned without prior authorization or that do not meet the conditions outlined above.
14. Limitations of Liability
14.1 The Supplier is not liable for the non-performance or delayed execution of the Contract if this is due to disruptions attributable to force majeure, unforeseeable circumstances, or factors beyond the control of the Supplier. Except for cases specified in Article 1229 of the Civil Code, no compensation shall, therefore, be due to the Buyer, who shall have the sole right to a full refund of the price and any additional charges paid.
14.2 The Supplier assumes no responsibility for any fraudulent, illicit, or irregular use of credit cards, checks, or other means of payment, attributable to intentional or negligent actions of the Buyer regarding the obligations of custody and timely notification to the issuer of said means of payment.
15. Non-contractual Liability
15.1 The Manufacturer is liable for damages caused by defects in goods promoted/sold through the Site. According to Article 116 of the Consumer Code, it is the Supplier who will be responsible for damage caused by a defect in the sold item if they fail to communicate to the injured party, within three months of the request mentioned in the following third paragraph, the identity and address of the Manufacturer or the intermediary who supplied them with the defective item.
15.2 The injured party may seek compensation for damages caused by personal injuries or the destruction or deterioration of something other than the defective item, provided it is normally intended for private use or consumption and used in this manner by the injured party. In the latter case, according to Article 123 of the Consumer Code, damage to something other than the defective item will be compensable only to the extent exceeding the sum of €387.00 (three hundred eighty-seven euros). In any case, it is the responsibility of the injured party to prove both the defect and the damage, as well as the necessary causal connection between the defect and the suffered damage.
15.3 The claim for damages, drafted exclusively in writing, must specify precisely the item that caused the damage, as well as the date and place of its purchase. Moreover, if still available, it is the duty of the injured party to present the item in question for inspection, following the instructions provided by the Manufacturer or Supplier, or by third parties indicated by them.
15.4 Compensation for damages will be excluded if the injured party, despite being aware of the defect in the item and the associated risks, has voluntarily exposed themselves to it. In the presence of fault on the part of the injured party – who, by using ordinary diligence, could have avoided the suffered damage – the requested compensation will be excluded or reduced in proportion to the severity of the fault attributable to the victim.
16. Contract Termination
16.1 The timely payment of goods and/or services purchased online, in accordance with these General Online Sales Conditions, as well as the payment of any additional charges and/or commitments by the Buyer, constitutes essential obligations of the Contract.
16.2 In the absence of justification due to force majeure or unforeseeable circumstances, the non-fulfillment of the aforementioned obligations will result in the automatic termination of the Contract by operation of law under Article 1456 of the Civil Code, without the need for a judicial pronouncement.
17. Privacy
17.1 The Supplier safeguards the personal data of the Buyer, ensuring their full compliance with the relevant regulations, specifically Regulation 679/2016, as well as the pertinent national laws (Privacy Code, as last amended by Legislative Decree 101/2018).
17.2 Referring to the Privacy Policy and related Cookie Policy for details, it is anticipated that the personal data acquired directly and/or indirectly through the Site will be collected and processed electronically/informatively and, if necessary, in paper form, for the following main purposes: i) internet navigation security; ii) fulfillment of Contract obligations; iii) e-commerce web visibility. The accurate and timely communication of the Buyer’s personal data is a necessary condition for the precise execution of the Contract by the Supplier, who, in case of non-compliance, may not proceed with the Buyer’s order.
18. Online Dispute Resolution (ODR)
18.1 In accordance with EU Regulation 524/2013 (1), the Buyer is informed of the option to submit the resolution of any dispute with the Supplier – regarding the offer and purchase of goods and/or services promoted online – to entities/companies/offices engaged in alternative dispute resolution (ADR – Alternative Dispute Resolution) through web-based, simple, fast, and cost-effective procedures (ODR – Online Dispute Resolution).
18.2 For information on the aforementioned ODR procedures, please visit the following website: Online Dispute Resolution.
18.3 The resolution of any dispute arising and/or connected to this Contract may, nevertheless, be referred to an attempt at mediation/conciliation at the “Organismo di Conciliazione degli Avvocati di Milano” – OCF, which will decide in accordance with its mediation/conciliation rules.
19. Applicable Law and Competent Court
19.1 Any dispute between the Supplier and the Buyer concerning the Contract and its execution will be governed by Italian law and, unless otherwise specified, subject to the jurisdiction of the consumer’s court. The Buyer will be guaranteed, in any case, the rights conferred by the mandatory consumer protection laws in force in their country of residence and/or domicile.
19.2 For the reference rules regarding the competent court and applicable law to the Contract, please refer to Article 66 bis of the Consumer Code, Article 18 of EU Regulation 1215/2012, Article 6 of EU Regulation 593/2008, and, finally, Articles 3 and 57 of Law No. 218/1995.
